We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Charge On Title Removal
KAWM
Posts: 9 Forumite
Hi All,
I hope this is in the right place.
There is an equitable charge on the title of a property I sold, in December, in favour of Universal Credit. Restons Solicitors accepted payment in full for the debt of around £18,000 saying they wouldn't allow for a lower payment because they had the original charging order etc etc.
The sale concluded, every was happy. Especially Restons I dare say!
Now the buyer wants to remortgage or possibly sell the house and the charge is still on title. The solicitor who represented me has been asking Restons to remove the charge since December and its still there. They are unable to produce the original charging order and have been unable to get the charge removed from what they call "our client"
This is the reply that came today from my solicitors:
it appears that Arrow Global Limited are their client who acquired the Universal credit debt on 26 September 2012. They cannot remove the charge until they have received instructions from their client to do as they need a copy of the final charging order. They confirmed they are chasing their client every week in order to get this matter dealt with and that they have sent us a letter to this effect which I will then forward a copy to the buyers solicitor and yourself for information purposes.
The buyers solicitor has threatened legal action.
What I need to know please, is how we get the charge removed and have Restons acted correctly in accepting payment without being able to produce the charging order and get the charge removed. In other words should we get some or all of our money back?
I hope this is in the right place.
There is an equitable charge on the title of a property I sold, in December, in favour of Universal Credit. Restons Solicitors accepted payment in full for the debt of around £18,000 saying they wouldn't allow for a lower payment because they had the original charging order etc etc.
The sale concluded, every was happy. Especially Restons I dare say!
Now the buyer wants to remortgage or possibly sell the house and the charge is still on title. The solicitor who represented me has been asking Restons to remove the charge since December and its still there. They are unable to produce the original charging order and have been unable to get the charge removed from what they call "our client"
This is the reply that came today from my solicitors:
it appears that Arrow Global Limited are their client who acquired the Universal credit debt on 26 September 2012. They cannot remove the charge until they have received instructions from their client to do as they need a copy of the final charging order. They confirmed they are chasing their client every week in order to get this matter dealt with and that they have sent us a letter to this effect which I will then forward a copy to the buyers solicitor and yourself for information purposes.
The buyers solicitor has threatened legal action.
What I need to know please, is how we get the charge removed and have Restons acted correctly in accepting payment without being able to produce the charging order and get the charge removed. In other words should we get some or all of our money back?
0
Comments
-
Presumably you owed the money, so you have no real grounds to get any of it back.
Perhaps you should be more worried by the buyer's is threat to sue you.0 -
Helpful, thank you.
You can clearly see that my priority is getting the charge removed.0 -
Is this not an error by the solicitors, as they bought the house without any charges?0
-
Why did the buyer's solicitor allow the sale to proceed without cast iron evidence that the charge had been removed?0
-
Solicitors settled the account for the charges from proceeds of sale and give an undertaking that the title would be clear on that basis. Standard practice I gather.0
-
Are you surprised that the buyer is threatening legal action? I'm not.0
-
If the company owning the debt can't produce the charge order then it could have been removed from the title prior to you selling the property without paying it off.
My mother's house had a charge on it from 20 years ago due to my father's debts and it got removed unpaid due to the creditor unable to produce documents for it.0 -
Solicitors settled the account for the charges from proceeds of sale and give an undertaking that the title would be clear on that basis. Standard practice I gather.
Your solicitor gave the undertaking so it would seem it is a bigger problem for him than it is for you. What is he doing to resolve the matter?0 -
Solicitor is writing to Restons who are replying saying they are trying to locate the charging order. Other than that not a lot.0
-
Did they solve the issue?0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 352.5K Banking & Borrowing
- 253.7K Reduce Debt & Boost Income
- 454.4K Spending & Discounts
- 245.5K Work, Benefits & Business
- 601.4K Mortgages, Homes & Bills
- 177.6K Life & Family
- 259.4K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards